Copyright Derivative Works and Section 203: A Tale of Two PhanaticsBy Margo Lynn HablutzelMarch 2022Is a baseball mascot merely a costume, a work of art, or something else? If the artist wants to reclaim the copyright, can the team use a derivative version of the original design after the termination of its license in the original, and how does when the new mascot was created interact with the Copyright Act’s termination provision?
Copyright Small Claims Court: It’s Almost ReadyBy Beverly A. BernemanMarch 2022On December 27, 2020, Congress enacted the Copyright Alternative in Small Claims Enforcement Act (CASE Act). The CASE Act establishes a small claims court for copyright infringement cases. The law requires the Copyright Office to establish a Copyright Claims Board within one year to hear the claims.
Intellectual Improbabilities™By Daniel KeganMarch 2022An eclectic gathering of recent intellectual property developments.
IP Rights Enforcement in CanadaBy Adam Haller, Caroline Henrie, & Kristin WallMarch 2022This article discusses venues and jurisdiction for enforcement; discovery and obtaining evidence of infringement; trial decision-maker; structure of the trial; infringement and defenses for patents, trademarks, copyrights; time to first-level decision; remedies pre-trial and post-trial; appellate review; alternatives to litigation.
The New Trademark Modernization Act: Its Impact on Foreign Trademark OwnersBy Stacey C. KalamarasMarch 2022The Trademark Modernization Act ("TMA") was signed into law on December 27, 2020, to address the increase in fraudulent trademark filings by foreign trademark owners, many of which reside in China. The TMA amends the Trademark Act and became mostly effective at the USPTO on December 18, 2021. These changes will have a tremendous impact on the integrity of the US trademark registry. The TMA’s sweeping changes will have the greatest impact on foreign trademark owners, who are allowed to apply to register trademarks in the US without first demonstrating use in commerce.
